Civil Law
Comprehensive insights into property rights, civil remedies, and litigation procedures under the Civil Procedure Code.
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Common Inquiries
Frequently Asked Questions
What is a civil suit for Partition and who can institute it?
A partition suit is a civil proceeding filed in court to divide joint family or ancestral property among legal co-sharers according to their statutory entitlement under applicable succession laws.
How is property title verified before entering commercial real estate transactions?
Title verification requires conducting a 30-year search at the Sub-Registrar office, inspecting revenue records (Jamabandi/Khasra), verifying municipal revenue permissions, and issuing newspaper public notices.
What is an Ex-Parte decree and how can a defendant challenge it?
An ex-parte decree is passed when the defendant fails to appear despite receiving summons. The defendant can file an application under Order 9 Rule 13 CPC within 30 days to set aside the decree showing sufficient cause for absence.
What legal protections exist against unlawful property encroachment?
Filing a civil suit for permanent injunction and recovery of physical possession under the Specific Relief Act, alongside lodging police complaints for criminal trespass.
How does RERA protect homebuyers against delayed property possession?
RERA mandates real estate developers to adhere to approved construction schedules, deposit 70% project funds in escrow accounts, and pay penal interest to buyers for possession delays.
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